Federal Tort Claims Act Cases
The purpose of the government is to serve the people. It enacts laws and implements programs that benefit the general public. Generally, federal employees are protected against legal claims. These protections are meant to prevent such claims from impeding their duties.
However, you never know what can happen out on the open road. Accidents can occur in an instant. One wrong decision can cause a collision. Even federal employees are susceptible to negligent acts that lead to someone else getting hurt. The purpose of the Federal Tort Claims Act (FTCA) is to provide you with an option to pursue a claim in that scenario.
The Federal Tort Claims Act
A tort occurs when someone injures another person because they failed to abide by their legal duty. US law protects federal employees from being personally liable for torts committed during their work. However, there are exceptions based on the Federal Tort Claims Act.
The statute was enacted in 1946, allowing private individuals to recover claims or restitution for specific torts done by government employees. The act empowers people to hold the government responsible for wrongdoings caused by their agents while doing their job.
The Doctor Lawyer Team can assist you if you have a federal tort claim. Start today by booking a consultation with our Connecticut FTCA lawyer.
Examples Of Federal Tort Claims
Bringing a lawsuit against the federal government can be a difficult endeavor. However, there are situations where your claim may have merit.
It is helpful to understand what constitutes a legitimate federal tort claim. Here are some examples:
- Receiving a threat from a federal employee
- A federal employee or official offensively touching someone without consent
- A federal employee intentionally or accidentally damaging another person’s property, such as in a car accident
- Conduct from a federal employee that causes emotional distress to another person
Types Of Federal Tort Cases
The Federal Tort Claims Act covers different areas of personal injury. It is applicable in the following situations:
- Personal injury due to negligence while receiving treatment in military base hospitals
- Injuries sustained because of a federal truck or vehicle wreck (Includes government-owned vehicles operated by a government employee like military trucks and postal vans)
- Receiving poor health care service from the VA (Veteran Affairs)
- Personal injury sustained because of negligence in a federally funded clinic
- Personal injuries you sustained from federal government agencies, like the FBI and NTSB.
- Getting injured from vehicle accidents caused by a federal employee
- Personal injuries sustained because an employee was negligent in a federal office or building
- Any other injury, regardless if it is intentional, due to negligence by a US government employee
Each case covered by this list is unique in its way. The facts and situation will determine the best approach to pursue a personal injury claim from a federal employee.
Negligence And Discretionary Function
The Federal Tort Claims Act does not apply to intentional torts committed by government employees. The statute mostly covers negligent actions. For example, an assault committed by a federal agent is not covered because that is, by definition, an intentional tort.
You also cannot sue the government for discretionary acts. That means if a statute provides an employee discretion to choose between multiple choices and they do so negligently, the government is not liable.
The requirement is that they have negligently failed to follow government policy or a non-discretionary law that led to the injury.
Contact The Doctor Lawyer Team today if you believe you have a federal tort case.
